General Terms and Conditions of Carriage of FlixTrain GmbH
1. Application of these T&Cs
For the carriage of persons and the transport of live animals and property in the trains of the BTE BahnTouristikExpress on behalf of FlixTrain GmbH for rides under the brand name HKX between Hamburg and Cologne from 12/22/2017 until 01/02/2018, the following apply:
1.1. the provisions of the German Rail Transport Regulation (Eisenbahnverkehrsordnung, EVO);
1.2. the provisions of the Railway Construction and Operating Regulations (Eisenbahnbau- und – betriebsordnung, EBO);
1.3. the provisions of Book IX of the German Code of Social Law;
1.4. the following carriage regulations;
1.5. the fare provisions of FlixTrain GmbH;
1.6. the annexes to the Terms and Conditions of Carriage of FlixTrain GmbH, in accordance with list of annexes
Fares other than the fares mentioned in the fare provisions of FlixTrain GmbH are not valid in the trains of FlixTrain GmbH.
2. Scope of Application
2.1. Terms and Conditions of Carriage apply to the carriage of persons and transport of animals and property in the FlixTrain GmbH trains marked HKX in the timetable.
2.2. The Terms and Conditions of Carriage complement the statutory regulations of the German Rail Transport Regulation (EVO), in its respectively valid version, and Regulation (EC) No.1371/2007 of the European Parliament and of the Council.
2.3. The right to determine who shall be allowed or denied access in FlixTrain GmbH shall be exercised by the transport and operating personnel of FlixTrain GmbH as well as by authorized third parties (e.g., security service).
2.4. Passengers accept these Terms and Conditions of Carriage of FlixTrain GmbH as well as the fare provisions of FlixTrain GmbH by starting their journey.
3. Right to Carriage
3.1. The right to carriage shall exist within the scope of the available capacities, if:
3.1.1. the passenger is able to present a valid ticket;
3.1.2. the applicable carriage and fare provisions and other conditions of FlixTrain GmbH as well as the administrative regulations are met;
3.1.3. carriage by scheduled transport is possible; 3.1.4. carriage is not prevented by circumstances that are not the responsibility of FlixTrain GmbH and whose effects it cannot avert.
3.2. Children and minors who have not yet reached the age of 10 will only be permitted to travel on all national and international scheduled services if they are accompanied by an adult.
3.3. Children and minors aged between 10 and 14 may only travel alone in the event that a parent or legal guardian has confirmed in writing during booking that the minor in question is both able and in a position to commence travel unaccompanied and unsupervised. LEO Express Deutschland GmbH and its affiliates expressly do not assume any responsibility to supervise a minor. Children traveling alone may not travel on overnight lines and across national borders. In addition, all children traveling alone are not authorized to participate in trips involving connections. Animals and property may only be brought along in accordance with points 12 and 13.
3.4. There is no legal claim to a seat.
4. Rules of Conduct for Passengers
4.1. Every passenger must behave in a way that is appropriate for the safety and order of operations, their own safety and consideration for others. This applies in particular to music-making, listening to music, loud conversations (in-person or on cell phones), and the use of electronic devices. The instructions of the transport and operating staff must be followed.
4.1.1. Compartments or spaces for small children and/or families, as well as severely disabled people must be made available for these groups of people, if needed.
4.1.2. Smoking is prohibited in all trains of FlixTrain GmbH. This also applies to any other form of consumables for inhalation or burning/vaporization, such as so-called e-cigarettes.
4.1.3. Passengers are prohibited from jumping on or off the train while it is in motion.
4.1.4. FlixTrain GmbH reserves the right to prohibit the consumption of alcoholic beverages and/or consumption of alcoholic beverages not purchased on board for specific trains, on specific travel days.
4.2. Vehicles may only be entered and exited at stations. Exceptions require the approval of the operating personnel. If departure is announced or the door is closing, the vehicle may no longer be entered or exited. All passengers must always keep a firm hold inside the vehicle.
4.3. In case of soiling in the vehicles, the actual costs of cleaning will be charged, but at least €50 in administrative fees. Further claims shall remain unaffected. In case of small-scale material damage to vehicles, equipment or operating facilities, processing fees will be charged. These can be found in Annex 1. These costs shall be charged by the operating staff to the person identified as the perpetrator or who is identified as the source on the basis of other circumstances (e.g., witness statements). If the management of FlixTrain GmbH is involved, administrative costs will be charged as well. In case of more extensive soiling or damage to the vehicles, resulting in operating disruptions (also as a result of property or animals brought along), the perpetrator shall be charged for the costs in the amount of the expenses incurred through removal or recovery. These costs will be recovered by the management of FlixTrain GmbH. Should a replacement of a car or train be necessary, the costs of replacement or recovery as well as the administrative costs will be charged. 4.4. Those who abusively actuate the emergency brake or other protective devices shall pay the amount of €250, without prejudice to prosecution in criminal or administrative proceedings and further civil claims.
4.5. If the passenger breaches the rules of conduct, despite warning, they may be denied carriage.
4.6. If, in the event of assaults, insults, trespassing, damage to vehicles and facilities, in case of damage caused by the carriage of property or animals, during ticket collection, as well as in the event of refusal to pay the increased fare, the personal information of a passenger cannot be clearly identified, they may be detained in the vehicle or on the platform, or asked to go to the nearest police station with the operating staff in accordance with Section 229 BGB (Bürgerliches Gesetzbuch [German Civil Code]) or Section 127 (1) and (3) StPO (Strafprozeßordnung [German Code of Criminal Procedure]).
4.7. Passengers are prohibited from doing any of the following on board the trains without prior written consent of FlixTrain GmbH:
4.7.1. engaging in trade;
4.7.2. distributing printed material;
4.7.3. begging;
4.7.4. collecting;
4.7.5. advertising;
4.7.6. putting on shows or presentations for commercial purposes.
5. Carriage Charges, Tickets, Vouchers, and their acquisition
5.1. The journey is only permitted with a valid ticket, unless the passenger intends to purchase a ticket on board the train. If the passenger would like to purchase a ticket on board the train, they must inform the train crew of this as soon as a member of the train crew approaches the seat or standing place occupied by the passenger for the first time after departure.
5.2. The established carriage fares are payable for the carriage. Tickets are generally sold in advance by FlixMobility GmbH and its partners. The conditions of ticket purchase are subject, accordingly, to FlixMobility GmbH, Birketweg 33, 80639 Munich and are in accordance with the GTCs of FlixMobility GmbH; carriage fares and ticket types are in line with the fare provisions of FlixTrain GmbH. Tickets are bound to an individual. Any booking changes must be carried out before commencement of travel. Please refer to the conditions of this in point 6.
5.3. Tickets can be paid using different payment methods, depending on the booking site:
5.4. On the Internet: PayPal, debit, credit card (Mastercard/Visa/Amex), SOFORT bank transfer, iDeal, Postfinance, Carte Bleue. We reserve the right not to offer certain payment methods for any booking and to request other payment methods.
5.5. On board the vehicles: generally cash; 5.6. At sales points/travel agencies: All of the payment methods offered by the agency, but always cash payments;
5.7. By phone: credit card (Mastercard/Visa/Amex), as well as direct debit for customers residing in Germany.
5.8. Special conditions of payment with Ratepay/credit card:
5.8.1. Additional Terms and Conditions and Privacy Notice of RatePAY GmbH. To be able to offer you attractive payment methods, we have been working with RatePAY GmbH, Schlüterstraße 39, 10629 Berlin (hereafter referred to as “RatePAY”). If you use RatePAY as a payment method and an effective purchase contract between you and us is concluded, we relinquish our payment claim to RatePAY. If the RatePAY installment payment method is used, we relinquish our payment claim to the partner bank RatePAY GmbH. If you select one of the payment options offered here by RatePAY, in the context of your order you consent to the disclosure of your personal data and the order to RatePAY GmbH for the purpose of identity and credit verification, as well contract processing. All details can be found in the Additional Terms and Conditions and the Privacy Notice for RatePAY payment methods, which form part of these General Terms and Conditions and always apply when you choose RatePAY as your payment method.
5.8.2. Purchase by credit card
5.8.2.1. In case of payment by credit card, the customer’s account will be charged at the end of the booking. By paying by credit card, the customer instructs their credit institution at the time of the booking to inform FlixMobility or a third party authorized by it, in case of a chargeback, of the customer’s name and complete address, so that FlixMobility can assert its claims against the customer.
5.8.2.2. Passengers shall be obliged to pay the banking charges incurred in the event of a chargeback associated with a credit card payment. Cancellation charges may also be incurred. Passengers shall be given the opportunity to prove that the chargeback incurred lesser or no costs. In the event of chargebacks, customers may be barred from making credit card payments on a temporary or long- term basis.
5.8.3. After unsuccessful collection efforts by FlixMobility, claims will be passed to an external service provider for further processing. FlixMobility may pass all the required personal data of the debtors to this external service provider for this purpose.
5.8.4. Offsetting; right of retention
5.8.4.1. Customers shall only be entitled to offset in the event that their counter-claims have been legally established or are uncontested or acknowledged by us. Moreover, they shall only have a right of retention if and to the extent that their counter-claim is based on the same contractual relationship.
5.8.4.2. If customers are in default on any payment obligations, all existing claims from the same contractual relationship shall fall due with immediate effect.
5.8.5. Payment fees
5.8.5.1. The total ticket price stated in the online shop includes any payment fees that are charged by third-party providers for the payment method chosen by you and which have to be paid by you, as well as statutory value added tax. 5.8.5.2. For customers who select a payment method subject to fees, a fee of 2.1%, plus VAT, of the total shopping cart value will apply. In each country there is at least one free and common payment method available.
5.9. Redemption of vouchers:
5.9.1. A maximum of one voucher may be redeemed per booking. Vouchers may only be redeemed online or via our partner agencies.
Vouchers with a monetary value, known as “credit vouchers”, can be redeemed for the entire shopping cart.
Discount vouchers with a percentage value or vouchers for a free ride can be redeemed for the ticket fare only. Additional services (e.g. service fees, extra charges for bicycles or baggage) cannot be paid for using these voucher types.
5.9.2. For voucher campaigns carried out by FlixMobility within the scope of marketing activities, the acquisition and use of vouchers are limited to three vouchers per person. If a person redeems more than three vouchers from the same voucher campaign, FlixMobility may cancel all bookings exceeding the first three tickets. This regulation may be waived within the scope of special promotions.
5.9.3. Vouchers issued free of charge within the context of marketing activities or as a gesture of goodwill shall expire after the first booking process has been completed.
5.9.4. The commercial use and, in particular, the resale of vouchers, is not permitted, and will be sanctioned by FlixMobility by means of the blocking of tickets and/or the assertion of damage claims.
5.9.5. The cash payment of any balance on a voucher shall be excluded.
5.9.6. In case of fraud, attempted deception or suspicion of other illegal activities related to the purchase, redemption or transfer of a gift voucher, FlixMobility reserves the right to close the corresponding customer account and/or demand an alternative payment method and/or suspend the voucher. There is no entitlement to approval or redemption of the affected voucher.
5.9.7. In case of fraud, attempted deception or suspicion of other illegal activities related to the purchase, redemption or transfer of a gift voucher, FlixMobility reserves the right to cancel any tickets purchased in full or in part via the redemption of such a voucher.
5.10. Passengers must be in possession of a valid ticket for the ride until the end of their journey and until leaving the platform and its entries and exits. Tickets must be shown or handed to the traffic and operational staff immediately upon request for inspection. The journey is considered terminated once you have left the train.
5.11. If passengers do not meet their obligations as set forth in point 4, despite a request, they may be denied carriage. The obligation to pay an increased carriage fare is unaffected.
5.12. Complaints about tickets must be reported immediately. Subsequent complaints shall not be taken into account.
5.13. Uniformed officials of the federal and state police travel on board the trains of FlixTrain GmbH free of charge without any claim to a seat.
6. Cancellation
6.1. A cancellation can be made either by booking a different ticket (cancellation and new booking) or not using the ticket and getting a subsequent reimbursement for it in accordance with the terms and conditions of FlixMobility GmbH. Drivers cannot change or cancel bookings for you.
6.2. Cancellation followed by a new booking (e.g. route, departure time, date of travel) may only be carried out on FlixBus websites or by partner agencies and ticket outlets of FlixCompanies up to 15 minutes before the scheduled departure time. A return trip is considered one booking.
6.3. In the event of a cancellation followed by a new booking, a cancellation voucher will be issued. This cancellation voucher is valid for 12 months and entitles the passenger to make a new booking within this period in the value of the voucher. If the price of the new booking is more than the value of the voucher, the difference will need to be paid. If the price is lower, the difference will remain on the cancellation voucher and can be used for a different booking. These provisions may change in case of promotional offers that are valid for a limited time only. More detailed information can be found in the terms and conditions of the promotion on the web portal. A cash payment of the voucher amount is excluded.
6.4. A cancellation fee will be applied for every cancellation due to rebooking per canceled trip and per passenger. The cancellation voucher will be issued in the amount of the ticket price, minus the cost of the cancellation process. If the passenger’s name is changed, the difference must be paid if the fare has become more expensive in the meantime. Changing the phone number is free of charge.
6.5. If a refund voucher is used for a booking, the same Cancellation Terms and Conditions also apply to the new journey.
6.6. None of the aforementioned processing charges, cancellation fees or any transfer fees apply if the reimbursement is requested for reasons within the responsibility of FlixTrain GmbH. The credit of the fare, minus any processing charge or any transfer fee will only be paid exclusively to the account specified by the customer when placing the order, or to their credit card account if they paid by credit card.
7. Car Classes
A distinction between several car classes is not made.
8. Invalid Tickets
8.1. Tickets used in violation of the fare and carriage regulations are invalid and may be confiscated. This applies in particular to tickets which are:
8.1.1. not properly filled out;
8.1.2. damaged, soiled or unreadable, so that they can no longer be checked;
8.1.3. modified without authorization; 8.1.4. used by non-authorized persons;
8.1.5. used for purposes other than the authorized journeys;
8.1.6. expired due to passage of time or for other reasons.
8.2. A ticket that can only be used for carriage in connection with proof, authorization or customer card, or official proof of identity in accordance with the fare rules is invalid and may be confiscated if the proof or the official identity card is not shown upon request.
8.3. The confiscation of the ticket will be confirmed in writing upon request.
9. Increased Fare and Denial of Carriage
9.1. Passengers without a valid ticket are required to pay an increased fare, if they;
9.1.1. do not have a valid ticket after journey commencement or do not comply with their obligation after departure and purchase a ticket from the train crew;
9.1.2. purchase a valid ticket, but fail to show it during ticket control;
9.1.3. do not show the proof, authorization or customer card, or personal identification document required for a ticket;
9.1.4. are unable to present a valid ticket for the animals or property brought on board, insofar as this is necessary according to the fare rules.
Prosecution in criminal or administrative proceedings is unaffected.
The rules in accordance with the conditions laid down in point 9 shall not apply if a valid ticket was not purchased for reasons outside the passenger’s control.
9.2. The increased carriage fare is equal to twice the normal fare for the distance traveled by the passenger, but at least €60. If the passenger’s departure station cannot be clearly determined, the increased carriage fare may be collected from the train’s departure station.
9.3. The increased carriage fare is payable to FlixTrain GmbH within a week after the complaint. After expiry of this period, a processing fee of €7 will be charged for any written payment requests.
9.4. Passengers found without a valid ticket during ticket control who refuse to purchase a ticket are obligated to provide their personal information and present an identification document upon request.
9.5. The increased carriage fare is reduced in the case of 9.1.1 and 9.1.2 to €7, if, within one week, the passenger presents to the management of FlixTrain GmbH a personal ticket in their name, valid at the time of the control, or the personal identity card not shown during the control on the train.
9.6. Passengers who are repeatedly found without a valid ticket and have not properly paid the increased carriage fare will be banned from all trains by FlixTrain GmbH due to a breach of Section 265a (Obtaining services by deception), Section 247 (Theft from relatives or persons living in the same home) and Section 248a (Theft and unlawful appropriation of objects of minor value) of the German Criminal Code. This excludes a renewed obligation to carry in case of a complaint. The ban may only be lifted if all outstanding receivables have been paid and with a written request from the passenger. If this is not the case and the passenger is found riding with a valid ticket, there is no carriage obligation on the part of FlixTrain GmbH.
9.7. Passengers who present a risk to the safety and order of operation or to other passengers may be denied carriage, and, if necessary, handed over into the custody of a caregiver, operating staff at the train station or police, at an appropriate location. This applies in particular to
9.7.1. passengers under the strong influence of alcoholic beverages and/or other intoxicating substances.
9.7.2. passengers with weapons subject to the German Weapons Act, provided they are not law enforcement officials of the federal or state police.
9.7.3. passengers who harass other passengers or inappropriately soil the vehicle due to their behavior and lack of cleanliness.
9.7.4. passengers with infectious diseases in accordance with the German Infection Protection Act.
9.7.5. passengers who demonstrate the willingness to resort to or who engage in violence.
10. Reimbursement of Travel Fares
10.1. The rules of reimbursement of travel fares are explained in the fare regulations.
10.2. There is no entitlement to a refund
10.2.1. in case of denial of carriage.
10.2.2. in case of tickets confiscated for being invalid.
10.2.3. in case of tickets for special offers as described in the fare regulations.
11. Carriage of Severely Disabled People
11.1. The trains of FlixTrain GmbH are generally long-distance trains. Severely disabled people must pay the regular fare in the trains of FlixTrain GmbH. Carriage of severely disabled people should be registered by phone +49 30 300 137 300 or by e-mail at [email protected]. In order to ensure feasibility, these requests must be made no later than 36 hours before departure.
11.2. If the severely disabled person’s identification card states “Entitles to a companion” with the code B, then a companion may accompany the passenger free of charge.
11.3. Guide and companion dogs as defined by Section 145 (2) No. 2 SGB IX may be taken free of charge, provided the severely disabled person’s identification card of the passenger contains the codes “B” or “BI”.
12. Carriage of Property
12.1. Hand luggage and other easily portable and non-bulky items will be carried together with the passenger only if this does not endanger the safety and order of operations and does not endanger or disturb other passengers. Only the amount of hand luggage may be brought along which the passenger is able to load on and off or move on their own and at once. Passengers may only use the luggage racks and the space over and under their seats to store their items.
12.2. Passengers must place and store their items so as to not endanger the safety and order of operation and not to disturb other passengers. Passengers are personally responsible for securing and monitoring their property at all times.
12.3. The carriage of dangerous substances and dangerous items is excluded, and this applies in particular to
12.3.1. explosive, flammable, radioactive, foul-smelling or corrosive substances.
12.3.2. unpackaged or unprotected items which could injure passengers.
12.3.3. items which exceed the limits of the vehicle.
12.4. Bicycles must be standard sizes without accessories and must not exceed a weight of 25 kg. Tandem bicycles, e-bikes or bicycles with more than two wheels are excluded from carriage. In principle, it is recommended to book the bicycle racks early, due to limited capacity.
12.5. Carriage of bicycles is dependent upon the available capacity. The carriage is performed in the designated multi-purpose compartments of the trains.
12.6. The transport of bicycles costs €9 per transported bicycle regardless of the length of the route and the fare. Carriage of bicycles must not endanger the order and safety of rail operations, or endanger or disturb other passengers.
Each passenger may only carry one bicycle.
The carriage is limited to
12.6.1. two-wheel, one-seat bicycles.
12.6.2. folded bicycle trailers.
12.7. Mopeds and motorbikes as well as other vehicles and tools with combustion engines are excluded from carriage.
12.8. Assembled strollers may only be carried in the designated trains with multi-purpose compartments due to space limitations. The carriage of strollers in assembled condition may require a space reservation in designated trains. In trains without a multi-purpose compartment, strollers may only be carried folded. They must be stored so as to not disturb other passengers.
12.9. Aisles and boarding areas must always be kept clear of luggage, bicycles, strollers and loads for safety reasons.
12.10. The traffic and operational staff decides on a case-by-case basis whether items may be accepted for carriage and where to store them. The denial of carriage for an item does not justify a claim to reimbursement of the fare or the related surcharges or reservation fees.
13. Carriage of Live Animals 13.1. Pets may be brought on board only if all legs of the journey are covered by train and none are traveled by bus.
13.2. Live pets that are small (up to the size of a house cat), not dangerous, and placed in appropriate solid containers may be brought on board. The containers must be suited to prevent disruptions to persons and things. Pets may not be placed on passenger seats The transport of these animals is free of charge.
13.3. Dogs that are not placed in containers as hand luggage or cannot be accommodated in such containers, may be brought on board provided they are leashed and muzzled. They may not be placed on passenger seats. For these dogs, a child ticket (children under 15 years old) must be purchased.
13.4. All other animals and animals with infectious diseases are excluded from carriage.
13.5. Guide dogs for the blind and companion dogs as defined by Section 145 (2), No. 2 SGB IX are excluded from the muzzle requirement.
13.6. The carriage of animals may be limited to specially designated areas of the train.
14. Passenger Rights in the Event of Train Delays and Cancellations
14.1. The rules on passenger rights in long-distance rail transportation in case of train delays, cancellations and resulting missed connections are found in Annex 2.
14.2. Deviations from timetables do not justify any claims other than the passenger rights mentioned in Annex 2. Claims arising from passenger rights shall be submitted using the contact form on the website of FlixBus under flixbus.de/service/kontakt.
FlixTrain GmbH
15. Special Obligations of Passengers on International Routes
15.1. Passengers on international routes in particular are personally responsible for compliance with the passport, visa, foreign currency, and customs regulations. Potential disadvantages in the event of non-compliance with existing regulations shall be borne by the passenger, even if the regulations are changed after the booking.
15.2. On cross-border routes, passengers are obliged to carry all documents and ID cards necessary for the border crossing.
15.3. Passengers without valid documents required for crossing the border are not entitled to carriage under the Terms and Conditions of Carriage.
16. Lost Property
16.1. Found items should be handed over to the train crew. This will be acknowledged by the operating staff.
16.2. Inquiries regarding lost items can be sent by e-mail to [email protected]. 16.3. Lost items can be collected from Hamburg Cologne-Express GmbH, Max-Brauer-Allee 44, 22765 Hamburg, during regular business hours.
16.4. Lost and found items may be sent within Germany upon payment of a processing fee and acceptance of the delivery charges.
16.5. Lost property will be kept for six months after being found and then disposed of, which FlixTrain GmbH will publicly announce in advance.
17. Data Protection
17.1. Personal data shall be collected, processed and used by FlixTrain GmbH in accordance with the provisions of Section 28 of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG).
18. Limitation
18.1. Claims arising from the contract of carriage shall generally be time-barred after two years. The period shall begin on the day the claim arises. Otherwise, limitation is based on the general provisions. In case of claims based on passenger rights, a limitation period in accordance with the provisions of the EC Regulation 1371/2007 shall apply.
19. Jurisdiction
19.1. The place of jurisdiction for all disputes arising out of these Terms and Conditions of Carriage is Munich.
20. Liability
FlixTrain GmbH shall be liable to passengers only in cases of intent or gross negligence; in case of a breach of essential contractual obligations (cardinal obligations) and injury to life, body or health, as well as in the case of slight negligence. Essential contract duties are those whose fulfillment enables the proper implementation of the contract in the first place and upon which the contracting party relies and may rely regularly. In the event of a breach of essential contractual obligations, however, the obligation to pay compensation is limited to typical, predictable damages. Except in cases of intent, gross negligence or breach of essential contractual obligations, the liability for property damages is limited to a maximum of €1,000 per passenger. The provisions of the German Liability Act (Haftpflichtgesetz, HPflG) as well as Regulation (EC) No. 1371/2007 including its Annex I (CIV) remain unaffected.